In the News

Professor Emeritus William C. Banks Discusses the Insurrection Act with CBS News

Professor Emeritus William C. Banks provided insight on the Insurrection Act to CBS News.

“The basic idea, which emerged early on in the United States, is that there might be circumstances when state and local law enforcement resources and state and local militia, now the National Guard, would not be able to adequately contain protests or disturbances on the ground in their communities,” said Banks. “So the Insurrection Act allows the president to call forth the regular military or other federal forces to come into state or local communities and engage in law enforcement in an emergency circumstance.”

He noted that the basis for triggering the act “is incredibly open-ended” and the statute “basically says the president can do this whenever he determines that it’s impractical to enforce the laws.”

“The U.S. would lose the 21st Century” – Professor Jamie Baker Discusses Greenland and NATO

The Hon. Jamie Baker, Professor and Director of the Syracuse University Institute for Security Policy and Law, was interviewed on NPR’s On Point podcast about President Trump’s statements on Greenland and the possible impact on NATO. Baker’s interview begins at 21:39 of the podcast.

In response to the question, what would the US lose if there were no NATO, Baker replied, “The U.S. would lose the 21st Century. It would lose the cooperation, the assistance, bases, and intelligence support throughout the NATO countries and bases in Norway and intelligence capacity in Norway that helps secure the arctic and secure the sea routes in the arctic. You would risk the Article 5 border in the Baltics. America thought it could avoid European entanglements and war in Europe before. How did that work out with the First World War and the Second World War? We risk greater war if we pull out of NATO.”

College of Law’s LondonEx Externship Program Featured in National Jurist

The College of Law’s long-running LondonEx externship program was featured in the National Jurist article “Summer programs at home and abroad add perspective, build practical skills.”

LondonEx is a summer externship program in London, U.K., hosted by Syracuse Law. During a seven-week international summer experience, students gain exposure to clients, partner with professionals for personalized mentoring, and enjoy boundless cultural opportunities – in one of the world’s most dynamic cities. LondonEx is open to any full-time or part-time student from an ABA-approved law school who is in good standing.

In the article, Andrew Horsfall ’05, L’10, LondonEx Program Specialist, said a willingness to situate oneself in a novel area of legal practice in a foreign locale shows future employers a certain level of resilience.

Horsfall said one of the things that comes out in the first two or three weeks is just how pleasantly surprised the students are at the level of accessibility that they have to their mentors and just how good their mentors are.  

“I think the students are in awe watching their mentors work, whether it’s arguing in court or presiding from the bench. They come to respect the level of preparation required and the level of detail necessary to do this work and do it well,” he said. “It leaves a meaningful impression on the students because they’re working with people who are operating at a very high level in their respective practices.” 

The application for LondonEx is open through February 1.

A red double decker bus on a street with British flags hung between the buildings

Professor Nina Kohn Discusses the Recent Decision Declaring New York State’s Law Requiring City Judges to Retire at 70 Unconstitutional

Distinguished Professor of Law Nina Kohn provided Syracuse.com with perspectives on the recent New York State Supreme Court decision that the state law requiring city judges outside of New York City to retire at age 70 was unconstitutional.

Kohn said the Equal Rights Amendment, approved in 2024, could lead to a variety of legal actions.

“This case is the tip of the iceberg,” she said. “The new protections for age really call into question many of our laws and policies.”

Kohn pointed out other retirement ages or age-based ticket pricing as other laws that could be impacted by the Equal Rights Amendment.

Kohn agreed that there is no clear reason why age 70 should be the cutoff. For instance, the age cutoff in Pennsylvania is 75.

Professor William C. Banks Discusses the Constitutionality of Annexing Greenland

Professor Emeritus William C. Banks recently spoke with Newsweek about the Constitutionality of annexing Greenland.

Legally, the U.S. cannot forcefully acquire another territory, said Banks. “They couldn’t make a move like this without the approval of the Danes, as well as the Greenlanders.”

Trump himself could not annex Greenland without Congressional approval — an executive order, for example, would not have any legal authority, Banks told Newsweek. But Congress could vote to approve the annexation of Greenland, overriding international law, Banks said, although it would “be abhorrent to most Americans.” This is because the U.S. Constitution doesn’t set out any boundaries on acquiring territories.

Professor Katherine Macfarlane Quoted in Article on Legal Advancements Made in Disability-Based Telework Accommodations

Professor of Law and Director of the Disability Law and Policy Program Katherine Macfarlane provided Bloomberg Law with perspectives on recent court decisions on disability-based teleworking accommodations.

“Remote work is what I’m hearing about” most often, Macfarlane said. Yet some employers remain staunch in their resistance to telework as an accommodation, thinking disabled workers are getting something they don’t deserve, she said.

The disability bias cases this year show judges are taking telework more seriously and seeing physical presence isn’t required for all jobs, the professor said.

Professor Katherine Macfarlane Discusses Judge Shopping with Law.com

Professor of Law Katherine Macfarlane recently spoke with Law.com for the article “Judge Shopping ‘Consequences’ Are Worth Keeping Tabs On, Experts Say.” The article examines the trend of judge shopping at the Federal level and sanctions being issued to law firms.

“I think we’re in an era where there’s a little bit more openness about challenging judicial behavior outside of how the merits are decided,” said Macfarlane.

“The thing to keep in mind is that random case assignment is subject to so many exceptions across the federal courts. Random assignment is this exalted principle, but I don’t even know if it’s the default,” said Macfarlane.

Macfarlane covered this topic in her article Constitutional Case Assignment in the North Carolina Law Review Vol. 102.

Professor of Law Emeritus William C. Banks Discusses the Insurrection Act

Professor of Law Emeritus William C. Banks spoke with CNN after the Supreme Court ruled blocking President Donald Trump from sending the National Guard into American cities. This may raise the possibility of the President to invoke the Insurrection Act and the deployment of U.S. troops to American cities.

Banks told CNN that such a move would almost certainly be more politically dicey. “Instead of part-time National Guard personnel, the president could send in the 82nd Airborne in heavy armor and gear and gin up some heavy martial images for our screens,” Banks said.

“There’s only a little bit of daylight between no law and the Posse Comitatus prohibition and the Insurrection Act,” Banks said. “There’s no other space for them to work.”

Professor Shubha Ghosh Discusses Antitrust Issues in the Proposed Merger Between Netflix and Warner Bros.

Crandall Melvin Professor of Law Shubha Ghosh spoke with Law 360 on antitrust issues that may arise from the proposed merger between Netflix and Warner Bros.

Ghosh likened the current case to the DOJ’s failed challenge to AT&T’s purchase of Time Warner. That case was the first litigated vertical merger challenge in four decades, helping pave the way for more challenges in recent years.

“Expect similar dynamics for Netflix and WarnerMedia with perhaps some divestiture from Netflix’s presence in streaming, production, and distribution,” said Ghosh.

“I think James Has a Very Strong Case” – Professor Jenny Breen on Legal Issues Surrounding the Appointment of Acting U.S. Attorney John Sarcone

Associate Professor of Law Jenny Breen discussed legal issues surrounding the appointment of Acting U.S. Attorney John Sarcone to be the federal prosecutor covering Upstate New York with Syracuse.com. New York Attorney General Letitia James is arguing that Sarcone was improperly appointed by U.S. Attorney General Pam Bondi. Recent rulings in two similar cases found that the appointment of other acting U.S. Attorneys was illegal.

“I think James has a very strong case that he (Sarcone) was unlawfully appointed,” Breen said. “The facts are very similar, but not identical. It seems like the Trump administration is doing this around the country to avoid the Senate process of advice and consent.”